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Dad calls for retrial of babysitter acquitted over violent death of 10-month-old daughter

A Melbourne dad whose baby died under violent circumstances is demanding the retrial of the police's only suspect – the babysitter who was acquitted of child homicide two years ago.

Tony Murphy told a coronial inquest earlier this week he thinks it's wrong that Ketapat Jenkins, whose care his 10-month-old daughter Chloe was in for three hours one night in late 2010, has been able to continue with her "normal life".

“I want a fresh trial," Mr Murphy told the Herald Sun, "or the laws that govern double jeopardy to be looked at, because as far as I’m concerned there was a miscarriage of justice.”

Ms Jenkins was excused from giving evidence at the inquest, because coroner Jacqui Hawkins judged that in doing so she may incriminate herself.

Although Ms Jenkins has maintained her innocence, the inquest heard that she sent a text message to Mr Murphy's wife, Phurithee – also known as Kat – Murphy, saying "I did all stuff you said to me that I did to her".

But that message was judged inadmissible, and insufficient as "new and compelling" evidence which would be needed to start a new trial.

"I’m a little bit dumbfounded that after everything that’s come out … that this woman has been able to go about her normal life," Mr Murphy told the coroner.

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"She will get on with her life like nothing’s happened, whereas I and (wife) Kat have to deal with this every day.

"And I think that’s wrong."

His wife wept as Mr Murphy spoke of the pain they will carry for the rest of their days.

"Chloe was the most beautiful little girl," he said.

"She definitely made me realise that I didn’t understand love until I saw her first open her eyes.

"Knowing how violent her last moments of consciousness were, and that as a parent I wasn’t there to stop that happening — that’s something I’ve got to deal with for the rest of my life."

The inquest heard that Chloe's injuries, described as "non-accidental", were consistent with her having had her arm wrenched, and having been shaken and thrown against a hard surface; the baby girl died in hospital days later of brain trauma.